CHANDIGARH: The Punjab government has refused to furnish the documents related to the FIR registered by the Punjab Police in connection with the alleged doctored video clip of AAP leader Atishi to the Delhi Assembly.
The controversial video clip was posted on the X social media platform by Delhi cabinet minister Kapil Mishra.
The Punjab Home Department has shot off a letter to the secretary of the Delhi legislative assembly secretariat stating that it does not possess the authority to request the documents, subject matter of the investigation, in a case registered in another State.
The letter also stated that the issue has no connection to the proceedings of the House.
A letter dated February 20 was written by Kailash Gautam, Under Secretary (Home), Department of Home Affairs (Home-II-Branch) of the Punjab Government, to the Secretary of the Delhi Legislative assembly secretariat, who’s copy is with TNIE.
In reference to the letter dated February 13, the letter conveys that replies from the Additional Chief Secretary to the Government of Punjab, Department of Home Affairs, Director General of Police, Punjab and Jalandhar Police Commissioner, issued vide their respective communications dated February 20, have been received by the government.
"It is further intimated that the opinion of the Advocate General, Punjab was sought in the matter, who has inter-alia opined that a video clip which is cropped, selectively extracted, superimposed with additional captions or titles, and circulated independently on social media platforms without certification or authorisation of the House cannot be equated with the official record or authorised publication of the House,’’ reads the letter.
It further stated that the Advocate General has concluded that a video clip created, modified, altered with a caption added and independently circulated cannot under any circumstances be treated as the property of the House or anything said in the House.
"Registration of such an FIR is not on publication of the proceedings of the House and operates on a different plane under the watchful supervision of courts and is subject to judicial review,’’ the letter added.
The letter stated, "The privilege provided to the member of the house under Article 194(3) of the Constitution of India cannot be extended for an act whereby a video clip has been created, modified, or altered with a caption added outside the house. Article 194(3) of the Constitution of India confers functional protection to the members of the House, but there is no immunity from criminal law for the acts done outside the House. The Registration of an FIR for a cognizable offence committed outside the house and the ongoing investigation of a cognizable offence under the BNSS do not constitute a breach of privilege. ‘’
The letter also noted that, in view of the above legal position, and considering that the matter is presently sub-judice, copies of records sought, including the complaint, technical reports, and forensic reports forming part of the investigation, cannot be furnished.
However, the letter concluded that, without prejudice but in good faith, under the condition of confidentiality for the attention of the Speaker, a copy of the FIR is enclosed for ready reference.
The Assembly Secretariat has earlier written to the Punjab Additional Chief Secretary (Home), Director General of Police, Punjab, and the Police Commissioner of Jalandhar, seeking their replies by February 20.
It was on January 7 that an FIR was registered in the Atishi video case, just hours after senior leaders of the BJP, Shiromani Akali Dal and Congress had shared the clip on social media.
AAP worker Iqbal Singh alias IS Bagga is the complainant in the case. He had named Mishra, SAD chief Sukhbir Singh Badal, Congress MLAs Pargat Singh and Sukhpal Singh Khaira and others.
Meanwhile, police did not mention their names explicitly in the FIR.